Study Of The Parties' Statements In The Civil Litigation

In the area of china's civil litigation,the parties'statement is always perceived as one of the importent envidences. This is because the parties themselves are abundant in the suit information,which have great significance in finding fact efectively for the judge. Meanwhile, the paries are the main body of civil disputes, who make the dispute enter civil procedure and are the subject of rights and obligations. This article is based on the dual role of the parties in civil procedure,analyzes their statement from functional perspective and attempts to disclose the parties'statement completely. By the research of the parties'statement legislation and judicial practice in our country,the article explores the problems of the insitution and hope to perfect the procedure system.The first part is the general program of the article,which analyzes the parties'statement'meaning, character,feature and types.Base on the meaning of the parties'statement,the article defines its chacter of rights and obligations,evidence informaition and suit information from the dynamic and static view.By a typical case,the article analyzes the parties'statement'character.And then the article differentiates the parties'statement'function,which need various procedure rules.The second part details the parties'statement'various function,which finds basic fact for the court,defines the object of proof and proves the suit case.And then the article analyzes the theoretical foundation of the parties'statement'function,which is the need of the adversary system, litigation fairnees and efficiency.The third part tries to study practice application and deeper problem in relation to the short of theory research about the parties'statement.The issues of practice application are the rough legislation and the ignorance of the parties'statement in judical practice,which can't bind the judge to make the statement genuine or false. At the same time,the theoretical research on the parties'statemnet can not be optimistic.First, scholars do not attach importance to the study of the partise'statement;Secondly, even if the draft civil procedure law and evidence law propose some amendments of the parties'statement, there are also many defects in characterization, setting of specific rules of procedure and improvement of matching rules.In a word, the theory of the parties'statement in our country are considerably weak.The fourth part propses some improvements of the parties'statement'system in china.The author suggests to abolish the terminology and make the parties'statement three parts:The deposition for hearing,Admission and The deposition for party concerned. By reference the useful experience of foreign countries , the author points out the parties'statement need be institutionalized. But the author aslo pays attention to matching with the native resources,and requests the establishment of the supporting measures.